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Article

Proskauer Rose LLP | USA | 11 Jan 2011

No fair use defense for online post of 21-page book excerpt

The blog posting of images of 21 pages of a soon-to-be-published book is not protected by the fair use doctrine and thus may be temporarily enjoined, a district court ruled.

Article

Proskauer Rose LLP | USA | 29 Jul 2010

License language in contract may render search ad provider liable under ACPA for providing ads to parked domain names

A provider of search ads to registrants of parked domain names alleged to infringe trademarks may be liable under the Anti-cybersquatting Consumer Protection Act as an "authorized licensee" of the registrants, a district court ruled.

Article

Proskauer Rose LLP | USA | 29 Jul 2010

Company that distributed P2P software secondarily liable for massive infringement by users

A company that created and distributed a peer-to-peer file-sharing program that was used to distribute unauthorized copies of copyrighted music files on a "massive scale" is secondarily liable for acts of direct infringement on the part of the users of the program, a district court ruled.

Article

Proskauer Rose LLP | USA | 14 Apr 2010

Advertiser protection under CDA Section 230 for user-generated online contest submissions held an issue for jury

Material issues of fact concerning an advertiser's role in the creation of user-generated videos submitted in an online contest preclude a grant of summary judgment on the issuer's defense under Section 230 of the Communications Decency Act, a district court ruled.

Article

Proskauer Rose LLP | USA | 14 Apr 2010

Domain name registrar not immune from trademark owner's infringement, ACPA claims

A domain name registrar that registered numerous infringing domain names, provided private registration services in conjunction with a related entity that concealed the identity of the registrants, and received fees when ads on sites connected to the infringing domain names were clicked, may be liable under the Lanham Act and the Anti-cybersquatting Consumer Protection Act, a district court ruled.

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